This article, which is divided into three parts, examines the regulations and the judicial gloss placed on them by the courts. First, and by way of background, the article discusses how tribes historically were recognized. The article then reviews in detail the 1978 regulations as promulgated and amended. Lastly, the article discusses how courts have responded to challenges to, and interpreted various aspects of, these regulations.
"The Administrative Tribal Recognition Process and the Courts,"
Akron Law Review: Vol. 38
, Article 10.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol38/iss4/10